61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

6.2 Restitution Claims in Switzerland:
Negotiations and Legal Moves
Since early 1943 the Allies had repeatedly warned of their intention to
undertake the restitution of all looted assets after victory had been achieved over
the Third Reich. From this resulted the above-quoted London Declaration of
5 January 1943, the Declaration on Gold Purchases of 22 February 1944,
Resolution VI of Bretton Woods in July 1944, and finally the Currie Mission
of February 1945. Although repeatedly requested by the Allies to do so,
Switzerland’s Federal Council had done nothing up to this point in time to
bring the trade in stolen or confiscated assets under control. Furthermore, the
emergency plenary powers competencies (Vollmachtenkompetenzen) which it
appealed to extensively in matters of refugee policy, were not used in this area.
Although the Swiss National Bank barricaded itself behind its own justifications
and regarded the restitution demands of the Allies merely as a demonstration
of power by the victors, the authorities now became active in a major
problem area, namely that of looted art treasures and stolen securities. These
political initiatives, which had come about under enormous external pressure,
were impeded by private-sector interest groups, in particular the Swiss Bankers
Association.
The Currie negotiations: 18 February–8 March 1945
A report of the Federal Political Department dated 20 February 1945 on
financial relations with the US stated that the main purpose of the American
blockade, initially limited to the countries occupied by the Axis powers and
extended on 14 June 1941 to the remaining countries of continental Europe
including Switzerland, was to protect assets whose owners lived in the occupied
territories or countries. Now, however, «the focus is on intensification of the
economic war against Germany», and «yet another shift in emphasis towards
the problem of stolen property from occupied countries seems to be
imminent». 30 This supposition was stated at a point in time when the abovementioned
Currie Delegation had already been in Bern for two days to
implement Resolution VI of the Bretton Woods Conference and the aims of the
Allies’ economic warfare and restitution policy. On 7 March, the day before the
Currie Agreement was signed, Minister Stucki declared before the Legal Affairs
Committee of the National Council:
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«The question of Switzerland’s co-operation in the fight against handling
stolen goods has also been raised. It is required to exercise care to ensure
that it does not become a financial centre for future wars.» To Stucki it was